Employment in California is on an at-will basis. That means that if you work for an employer in the state, you have the legal right to leave your job at any time for any reason. Similarly, your employer has the legal right to fire you from your position at any time, for any reason, or without any reason.
So, even if you are upset about losing your job unexpectedly and it causes you financial inconvenience, there is not much you can do about it. That is unless you can prove that you lost your job due to unlawful termination. In that case, you can hire an unlawful termination attorney and take legal action against your employer, either for being reinstated or receiving monetary compensation.
What is unlawful termination?
If your employer fires you from your job for illegal reasons, it is unlawful termination. While the employment laws allow at-will firing, they prohibit employers from firing employees for reasons that violate established public policies. If you think your firing comes in this category, you will need to prove this with verifiable evidence. If you have the proof, you can file a case against your employer and sue them for damages. When you win the case, alongside the damages, they may also have to pay you penalties and your attorney’s fees.
What are examples of unlawful termination?
Before you hire an unlawful termination attorney, it is advisable to understand what constitutes unlawful termination. You can claim unlawful termination if your employer fired you for any of the following:
• Age, being 40 and above
• Nationality
• Religion
• Race
• Gender
• Sexual orientation
• Pregnancy
• Disability, mental or physical
• Health condition
• Marital status
• Military status
The Fair Employment and Housing Act (FEHA) prohibits your employer from firing you or taking retaliatory actions for the following reasons:
• Refusing to participate in illegal activities in the workplace
• Protesting the lack of proper safety measures in the workplace
• Reporting unlawful and dangerous workplace matters
• Complaining about health conditions arising from unsafe or unsanitary work practices
• Insisting on having your legal rights respected in the workplace
• Asking for overtime and double-time work compensation
• Following a specific political ideology
• Filing an Occupational Safety and Health Administration (OSHA) complaint
The California Family Rights Act (CFRA) forbids your employer from terminating your employment for these reasons:
• Take eligible family leave, which can be up to 12 weeks in one year and is available to you after the birth of your child, after you adopt a child, or when you foster a child.
• Take sick leave to deal with your health issues or care for your sick child, spouse, or parents.
The Healthy Workplaces, Healthy Family Act disallows employers from firing you for the following reasons:
• You took paid sick leave that you were entitled to take.
• You took leave to ensure your family members received preventive healthcare.
• You took leave to provide primary care to family members with existing health issues.
• You took leave to get aid from medical, legal, and social services for domestic violence, sexual harassment, or stalking.
Another example is if you are not an at-will employee and have a formal or implied work agreement with your employer that has specific terms for your dismissal. If your employer fires you in disregard of these provisions, it becomes unlawful termination.
What are your legal options in case of unlawful termination?
If you are certain your employer terminated you from your job for unlawful reasons, you need to have the evidence to prove it. You can get in touch with a competent, experienced unlawful termination attorney. Many attorneys offer a free initial consultation to assess your case. At this time, the attorney will review your evidence and let you know if it is valid. Your evidence should prove that your employer’s motives for firing you were unlawful or that they deliberately made the work environment too toxic for you.
After accepting your case, the attorney will approach your employer and investigate the matter further. They may speak to witnesses and gather more evidence in your favor. They will attempt to negotiate a settlement with your employer but, failing that, will file a legal claim with a governmental agency or a court lawsuit.
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